TOWER INS. CO. OF NY v. STATE OF NEW YORK

112760.

2008 NY Slip Op 28248

TOWER INSURANCE COMPANY OF NEW YORK, A/S/O M & K LLC, Claimant, v. THE STATE OF NEW YORK, Defendant. ARLINE SWINGLE, ADMINISTRATRIX OF THE ESTATE OF DAVID SWINGLE and ARLINE SWINGLE, Individually, Claimants, THE STATE OF NEW YORK, Defendant. DANIEL O'CONNELL, as Administrator of the Estate of PATRICK O'CONNELL, Deceased, Claimant, THE STATE OF NEW YORK, Defendant. YORK INSURANCE COMPANY OF MAINE, a wholly owned subsidiary of ONE BEACON INSURANCE COMPANY and ONE BEACON INSURANCE COMPANY, both individually and as subrogors of MICUCCI WHOLESALE GROCERS, and MICUCCI WHOLESALE GROCERS, individually, Claimants THE STATE OF NEW YORK Defendant. LAUREN E. ANDREWS and ELIZABETH ANDREWS, Claimants, THE STATE OF NEW YORK, Defendant. ARLINE SWINGLE, Administratrix of the Estate of DAVID SWINGLE and ARLINE SWINGLE, Individually, Claimants, v. THE STATE OF NEW YORK, Motion No. Defendant. DANIEL O'CONNELL, as Administrator of the Estate of PATRICK O'CONNELL, Deceased, Claimant, v. THE STATE OF NEW YORK, Motion No. Defendant. YORK INSURANCE COMPANY OF MAINE, a wholly owned subsidiary of ONE BEACON INSURANCE COMPANY and ONE BEACON INSURANCE COMPANY, both individually and as subrogors of MICUCCI WHOLESALE GROCERS, and MICUCCI WHOLESALE GROCERS, individually, Claimants v. THE STATE OF NEW YORK Motion No. Defendant. LAUREN E. ANDREWS and ELIZABETH ANDREWS, Claimants, v. THE STATE OF NEW YORK, Motion No. Defendant.

Court of Claims of the City of New York.

Decided May 22, 2008.


Attorney(s) appearing for the Case

D'AMBROSIO & D'AMBROSIO, P.C., By: Frank G. D'Esposito, Esq., of counsel, (Claim No. 112760), DeSISTI and KEEFFE, By: Matthew D. Jones, Esq., of counsel, (Claim No. 112779), RAS ASSOCIATES, PLLC, By: Luis F. Ras, Esq., of counsel, (Claim Nos. 112960 & 113753), COUGHLIN & GERHART, LLP, By: Peter H. Bouman, Esq., of counsel, (Claim No. 113581), for Claimants.

HON. ANDREW M. CUOMO, ATTORNEY GENERAL By: Joseph F. Romani, Assistant Attorney General for Defendant.


CATHERINE C. SCHAEWE, J.

These claims1 have been brought to recover for the wrongful death of two people and for property loss, all arising out of flooding and the subsequent collapse of Interstate Route 88 (I-88) over a culvert2 at Carr's Creek near Unadilla, New York on June 28, 2006 (the Collapse). This Decision and Order will address the motion brought by defendant State of New York (defendant) to preclude...

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